1840

Tuckahoe Canal Co. v. Tuckahoe & James River R.R. Co.

Supreme Court of Virginia

38 Va. 42

Railway sought to build bridge over canal to extend a line. Canal Company obtained an injunction which was ultimately dissolved. On appeal, Supreme Court reversed and held the injunction should not have been granted at all and removed height restrictions of the bridge. Although legislature gave Canal Company a franchise, it could still legislate to provide for construction of railroads. The state could take private lands to enable the Railway to construct its railroads, subject to the payment of just compensation. The Railway could cross the line of the Canal Company as it had the right to cross all lands through which it desired to run the road.

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